9497. Adulteration and Misbranding of vinegar. U. S. * * * v. 29 Bar- 
rels and 407 Cases * * * of Alleged Cider Vinegar. Decree of 
condemnation   and   forfeiture.      Product   released   under   bond.       (F.   &
D. No. 14289.    I. S. Nos. 5426-t, 5250-t.     S. No.  B-3124.)
On February 14, 1921, the United States attorney for the District of Massa- 
chusetts, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel against 29 barrels 
and 407 cases of alleged cider vinegar, remaining in the original unbroken 
packages at Boston, Mass., alleging that the article had been shipped by the 
Naas Cider & Vinegar Co., Cohocton, N. Y., on or about September 24 and 
August 26, 1920, respectively, and transported from the State of New York 
into the State of Massachusetts, and charging adulteration and misbranding 
in violation of the Food and Drugs Act, as amended.
Adulteration of the article was alleged in the libel for the reason that a 
substance, to wit, distilled vinegar, had been mixed and packed therewith so as- 
to lower and reduce and injuriously affect its quality and strength, and had 
been substituted in whole or in part for pure cider vinegar, which the said 
article purported to be. Adulteration was alleged for the further reason that 
distilled vinegar had been mixed with the said article in a manner whereby 
damage and inferiority were concealed.
Misbranding was alleged for the reason that the following statements, ap- 
pearing on the barrels and bottles containing the article, regarding it and the 
ingredients contained therein, to wit, (barrels) " Pure Cider Vinegar * * * 
Made From Apples," (bottles) "Steuben Brand * * * Reduced Cider 
Vinegar Fermented Naas Cider & Vinegar Co., Inc. * * * Net Contents 
One Pint" (pictorial representation of a red apple), were false and mislead- 
ing in that they represented to the purchaser thereof that the article was pure 
cider vinegar, and for the further reason that the article was labeled as afore- 
said so as to deceive and mislead the purchaser thereof into the belief that 
it was pure cider vinegar, whereas, in truth and in fact, it was not, but was 
a product composed in part of distilled vinegar. Misbranding was alleged for 
the further reason that the article was a product composed in part of distilled;
vinegar, prepared in imitation of pure cider vinegar, and was offered for sale 
under the distinctive name of another article, to wit,, pure cider vinegar. Mis- 
branding was alleged with respect to the product contained in the 407 cases 
for the further reason that it was food in package form, and the quantity of 
the contents was not plainly and conspicuously marked on the outside of the 
package, since the statement made was not correct in that the said contents 
were stated as one pint, whereas the average net contents were 15.5 fluid 
ounces, or an average shortage of 3 per cent.
On June 1, 1921, the Naas Cider & Vinegar Co., Cohocton, N. Y., having 
entered an appearance as claimant for the property and having filed a satis- 
factory bond, in conformity with section 10 of the act, judgment of condemna- 
tion was entered, and it was ordered by the court that the product be released 
to said claimant upon payment of the costs of the proceedings.
C. W. PUGSLEY, 
Acting Secretary of Agriculture.